Formby v. State

1. Where one was charged with the offense of being a common cheat and swindler, for ,that he on a certain day, by false representations of his wealth and respectability, obtained credit from another and thereby defrauded him of a sum named, the gist of the offense was the intention which actuated the accused in making the statements alleged to be false and fraudulent. Hence the court should have complied with a timely written request to charge the jury that if the defendant made representations and statements which he believed to be true, but which were afterwards proved to be untrue, the…